Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1887-02-10
INFOR NATION
.~...FoR....
OWNERS AND L0CATORS
....oT....
MI m ES

-~ - - - 49,
APPLICATION roR PATENT.
Where papers have once been fled with the
Register and Receiver they become Q part Of
The record. and can neither be Withdrawn nor
returned, but must be transmitted TO the Gen
erAl Land Once.
An application will be rejected when the
scrtption OF the premises 10 erroneous or
Application for patent will be rejected be-
cause:
First The notice was published without the
knowledge Of the Register.
~second-The notice was not published in .
new p dssignsted Is published nearest the
claim. 4
Third-Rscord title was found defective.
and
Fou.th-A previous application had been
made for the same premises. which was with.
drawn pending a suit In Court commenced by
the adverse claimant.
An application for patent will be rejected
when the survey does not accurately dsfne the
boundaries OF the claim.
Where the claim was not located In accord
ance with Law.
Where several parties own separate and dis
tinct portions Of . claim. application for
| patent may be made by either for tha portion
Of the claim owned by him; but where several
parties own undivided interests in . mining
claim all should join In an application for .
patent.
a pcE1Ou " hbsOClktou may puE0n120 -
many placer locations - the local Law admits,
and embrace them all in one application for .
patent.
Two or more lodss cannot be embraced In
one application for Q patent except Tor placer
| claims embracing two or more lodss within
their boundaries
Papers sworn to before any person purport-
| ing 10 set a. . deputy for the Register and Re-
oeiver cannot be recorded - evidence.
| In all patents for mining claims situated
i within the tnt0FtOY hQnndarfaa nf n ta~n al n
9 clause 10 inserted excepting and excluding
all town property. rights upon the surface.
and all houses, buildings. structure. lots.
| blocks, streets, alleys or other municipal i'm
provements not belonging TO the grsates here.
In, and all rights necessary or proper to the
occupation, possession and enjoyment Of the
same"
Publication of notice must be made u only
one newspaper for the period Of go days.
Notice must be published 10 consecutive
weeks in weekly newspaper. and In daily
newspapers 90 days must elspse between the
hrst and last insertions.
Where the Register designatss thedaily issue
Of Q newspaper for publication Of notices of Q
mining application for patent IL 10 not q com.
pliance with lsw TO change to the weekly edi'
zion Of the same paper without authority Of
the Register.
The existence Of q salt spring on . tract Of
land withdrsws 1t from the operation Of ths
Homestead and presumption laws. A hsarins
for the purpose Of proving the agriculturs
character Of such land II not allowed. Land
containing valuable deposits Of slate may b.
entered under the mining Acts.
ADVERSE CLAIMS.
Adverse claimants must ale Q separate and
distinct claim against each application which
1t 10 alleged conflicts with the premises owned
by such adverse claimant.
The papers In an adverse claim, once hled
cannot be Withdrawn. but becomes . part Of tn,
record.
When an adverse claim has been nled II can
not be amended so as to embrace q larger per
ton Of the premises than that described In tn,
original adverse claim.
An adverse claim must be made out IL
proper form and filed In the proper local OH Q,
during the period of publication OF tho appii
cation for the patent to be effective.
1t 10 the duty Of the adverse claimant c
commence suit In proper form within the re-
CURED time. and IL he trusts the uncertain
medium OF the United States mail he must
abide the consequences. should the delay
ensue, through misfortune or accident. Should
the failure TO suit be the result OF
the cor fupt or dishonest action Of his attorney.
the Interior Department cannot redress the
wrong.
An adverse claimant should set forth in de.
tail the facts upon which he bases his adverse
ing conclusions Of Law. without stating she
facts specially, will mot he considered IN evi.
dence.
An adverse claimant should show Q compli.
snce with the local laws in recording his claim
and In regard to expenditures. and shall ale .
copy of the original notice Of his location. and
show the nature or extent OF the conflict
alleged.
An allegation OF parties to q suit that they
compose the company 10 sufacsent. and they
are not required TO prove that they are the
original ~locstors or the identical parties who
present the adverse claim.
AGRICULTURAL Oh MINERAL LAxps
Where land is of little. II any value. for agri.
cultural purposes, but 10 essential 10 the
proper development OF mining claims, II
should be disposed Of under the Mining Act,
Whore lands containing valuable mineral
deposits have been included In IN agricultural
entry. said entry will be cancelled 81 any time
prior to issuance Of patent. upon satisfactory
evidence Of the existence Of such valuable de-
posits.
Where valuable deposits of mineral are dis.
covered upon . tract after the same lAs been
entered a. agricultural. but before ! Stent hal
been issued, the parties claiming the mine
may make application for patent for same
and the agricultural entry will be cancelled %
that portion Of the land embraced by said
Where mineral deposits are discovered or
agricultural lands after the patent has beer
issued to an agricultural claimant. they psss
with the patent.
Agricultural College scrip cannot be
ceived In payment for claims.
ALIGHs.
A foreigner may make Q mining location
dispose Of II. provided he becomes Q citizen
before disposing Of the mine. Proof that the
party was not Q citizen before disposing Of his
claim must be Afarmstiveiy shown.
Locstors and intermediate owners, other
than applicants, will not be presumed aliens,
in the absence of allegation or objection prior
to issuance Of patent.
The portion Of Q mining claim sold TO On
alien cannot be patented while such owner ID
an alien; but on his declarationi o become {
citizen his right dates back to his purchase,
aud he may ~thereupon secure United States
patent for his claim.
CROSS EDGES
Revised Statutes. Section 1855:
Where two or more lodges cross or interseoi
each other, priority Of title shall govern, and
such prior location shall be entitled 10 all ore
or mineral contained within the space OF inter.
section. but the subsequent location shall have
the right Of way through the space OF inter.
section for the purpose Of the convenient
working Of the mine. And where two or more
veins unite the oldeat or prior location shall